VICI x DIFF Giveaway Official Rules

OFFICIAL RULES

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.

SPONSORS:  The sponsors of the sweepstakes, VICI X DIFF SWEEPSTAKES (the “Sweepstakes”), are VICI Collection, LLC located at 2520 Stanwell Drive, Suite 160, Concord, California 94520 (“VICI”) and DIFF, LLC located 19701 Hamilton Ave Ste 260 Torrance, CA, 90502 (collectively with VICI, the “Sponsors). The Sweepstakes will be administered by VICI.

 

  1. BINDING AGREEMENT: These Official Rules (“Rules”) constitute a legally binding agreement between Sponsors and entrant (“Entrant” or “you,” or “your”).  By participating in the Sweepstakes, you fully and unconditionally agree to abide by these Rules.  In the event there is an inconsistency between statements made by Sponsors in any promotional materials for the Sweepstakes and these Rules, these Rules shall govern.

 

  1. ELIGIBILITY: Only legal adult residents of the 50 United States, or the District of Columbia, who are 18 years of age or older or the age of majority in their state of residence at the time of entry are eligible to enter.  Employees, officers, and directors of Sponsors, their parent, subsidiary, affiliated or related companies, and all other entities associated with the creation, administration, promotion or fulfillment of the Sweepstakes, and each of their respective parent, subsidiary, affiliated and related companies (collectively, the “Sweepstakes Entities”), and each of their immediate family members and persons residing in the same household of such family members are not eligible to enter or win the Sweepstakes.  All eligibility is subject to all federal, state, and local laws and regulations.

 

  1. SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins on March 21, 2022 at 9AM Pacific Time and ends on March 21 2022 at 6PM Pacific Time (“Entry Period”).  VICI’s computer is the official time clock for the Sweepstakes.  All Entries must be received during the Entry Period in order to be eligible to win.

 

  1. HOW TO ENTER: There are two methods of entry: (i) the Instagram Post Method of Entry and (ii) the Alternative Method of Entry (the “AMOE”). Only one (1) entry is permitted per person, regardless of entry method, and any additional submissions beyond the permitted entry will be ineligible. All eligible entries have equal chance of winning.
    1. Instagram Post Method of Entry: During the Entry Period, eligible participants may enter the Sweepstakes by visiting VICI’s Instagram account (@VICIDOLLS) or DIFF’s Instagram account (@diffeyewear) and liking the Instagram post marked “VICI x DIFF GIVEAWAY” posted during the Entry Period (the “Entry Post”). Entrant’s Instagram account must be following both @VICIDOLLS and @diffeyewear at the time of the drawing, identified in paragraph 8 below, in order to be eligible.
    2. AMOE: During the Entry Period, eligible participants may enter the Sweepstakes by visiting VICI’s website (vicicollection.com) and accessing the Sweepstakes entry form which will be located https://bit.ly/3L4KBcv (the “Entry Form”). In order to enter, you must input your full name and e-mail address in the Entry Form during the Entry Period and click “Submit For a Chance to Win.” By entering, entrants provide express permission to be contacted by e-mail regarding the Sweepstakes.

 

  1. CARRIER CHARGES: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your carrier. Please consult your wireless service provider regarding your pricing plan. You must use a smartphone device or tablet with web browsing capabilities to participate via your mobile phone or tablet. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill.

 

  1. IDENTITY OF THE ENTRANT: Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Addresses, identities, registrations and logins, or any other methods will void such entries and that Entrant may be disqualified in VICI’s sole discretion.   In the event of a dispute over the identity of an Entrant, the authorized account holder of the Address submitted at time of Entry will be deemed to be the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned to an Address by an entity that is responsible for assigning email addresses for the domain associated with the submitted Address. The potential winner (individually, “Winner”) may be required to show proof of being the Authorized Account Holder of the Address associated with the Entry.  It is solely your responsibility to notify VICI in writing if you change your Address and/or street address.  Multiple Entrants are not permitted to share the same Address, registrations, identities, or logins. 

 

  1. SELECTION, NOTIFICATION AND ANNOUNCEMENT OF THE WINNER:

A. Drawing. The Winner will be selected in a random drawing from among all eligible entries collected during the Sweepstakes Entry Period taking place on or about March 21, 2022 at 6PM. The drawing will be conducted by VICI, whose decisions and interpretations on all matters relating to the Sweepstakes and these Rules are final and binding in all respects. VICI reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible or has violated a rule, gained unfair advantage in the Sweepstakes, or obtained winner status using fraudulent means. If there is a dispute about the identity of an Entrant, the Prize will be awarded to the natural person to whom the email address is assigned by the internet service provider responsible for the domain associated with the submitted email address. If Winner is found to be ineligible or not in compliance with the Rules, the Winner will be disqualified and an alternate Winner will be awarded the prize in a separate random drawing.

B. Odds.The odds of winning depend on the number of eligible entries received, according to the eligibility requirements in the Sweepstakes. One (1) eligible entry will be selected from all of the entries received.

C. Notification to Winner. The potential Winner will be notified on or about March 21, 2022 via Instagram direct message, email, or other method based on contact information provided by the potential Winner.

D. Acceptance of Prizes and Announcement. Potential Winner must respond to VICI’s notification email within twenty-four (24) hours of delivery by VICI to accept the prize and must sign and return an Affidavit of Eligibility/Liability-Publicity Release or other applicable documents.  If any potential Winner: (A) does not respond within twenty-four (24) hours of notification by VICI; (B) is found to be ineligible or any reason; (C) fails to execute and return any required information or documentation; (D) declines the prize for any reason; or (E) fails to comply with these Rules, such potential Winner will forfeit his or her Prize and VICI may, in VICI’s sole discretion, select an alternate Winner from all eligible Entries in a separate random drawing.  The results and Winner will be announced on March 22, 2022 at approximately 7 PM PT on the original VICI x DIFF SWEEPSTAKES ENTRY POST and in one (1) or more Instagram stories posted on the Sponsors’ respective Instagram accounts.

 

  1. PRIZES: The prize will consist of one (1) Five Hundred Dollar ($500) VICI gift card (which may be applied to purchases at vicicollection.com or VICI’s retail store in Nashville, Tennessee) and one (1) Five Hundred Dollar ($500) DIFF gift card (which may be applied to purchases at www.DIFFeyewear.com) , The Approximate Retail Value ("ARV") of the Prize is One Thousand Dollars ($1,000) which is in United States Dollars (“USD”). Please allow a minimum of five (5) business days after acceptance of the Prize as described in Section 8 of these rules for delivery of the Prize.

 

  1. PRIZE CONDITIONS: With respect to the Prize, Sponsors are not responsible for lost or stolen prizes. Winner is responsible for any and all local, state and federal taxes associated with the Prize.  The value of the Prize will be treated as income to the Winner and a 1099 will be issued for any Prize valued at $600.00 or more.  Prizes are not transferrable.  No substitution is allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted for any reason.  In the event that a Prize component is not available for any reason, the remaining elements of the Prize will constitute full satisfaction of Sponsors’ prize obligation to Winner and no additional compensation will be awarded.  The Prizes cannot be used in conjunction with any other promotion or offer. 

 

  1. DISQUALIFICATION/FORCE MAJEURE: VICI reserves the right in its sole discretion to disqualify any individual who VICI determines to be: (A) tampering with the entry process or the operation of the Sweepstakes, acting in violation of these Rules; (B) acting in an unsportsman-like or disruptive manner; (C) disrupting or undermining the legitimate operation of the Sweepstakes; or (D) annoying, abusing, threatening or harassing any other person. VICI reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  VICI reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond VICI’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated in these Rules. In the event an insufficient number of eligible entries are received and/or VICI is prevented from awarding prizes or continuing the Sweepstakes as contemplated in these Rules by any event beyond its control (“Force Majeure Event”), including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then VICI will have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, VICI will (if possible) select the Winners from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such selection process will be each entrant’s sole and exclusive remedy under such circumstances.

 

  1. PUBLICITY RELEASE: Except where prohibited by law, acceptance of any prize constitutes the Winner's permission for Sponsors’ to use Winner's name, photograph, image, likeness, name, hometown, voice, biographical information, statements and prize information (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization and releases the Sponsor from all claims arising out of the use of such Attributes.

 

  1. DISCLAIMERS: The Sponsors will not be responsible for: (A) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (B) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (C) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsors or by non-authorized human intervention; or (D) any printing or typographical errors in any materials associated with the Sweepstakes.  ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY).

 

  1. GENERAL RELEASE: By entering the Sweepstakes, each Entrant, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: (A) releases and holds harmless the Sponsors from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Sweepstakes or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; (B) agrees that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) agrees to be bound by these Rules and to waive any right to claim any ambiguity or error in these Rules or in the Sweepstakes itself, and to be bound by all decisions of VICI, which are binding and final.

 

  1. PRIVACY POLICY: Any Personal Information collected from Entrants in connection with the Sweepstakes (“Sweepstakes”) will be used by VICI, and its service providers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Rules and in accordance with VICI’s Privacy Policy located at vicicollection.com/privacypolicy.Each Entrant agrees to the collection, processing and storage of Entrant's personal data by VICI and its service providers for purposes of the Sweepstakes.

 

  1. SOCIAL MEDIA DISCLAIMER: Entrant understands and acknowledges that though the Sweepstakes is tied to the Instagram service, and Meta, Inc., (the "Instagram Parties") are not sponsors of the Sweepstakes, are not endorsing the Sweepstakes, nor administering the Sweepstakes on behalf of Sponsors. Further, Entrants understand that the Instagram Parties are not affiliates of Sponsors.  Entrant agrees, for Entrant and for Entrant’s heirs, executors, administrators, successors and assigns: to release and hold harmless the Instagram Parties from any liability whatsoever, and waives any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising, directly or indirectly, out of or in connection with the Sweepstakes.

 

  1. DISPUTE RESOLUTION: Entrant agrees that if any dispute arises that is in any way related to the Sweepstakes or the Rules the parties will meet in person and attempt to resolve the dispute.  If the dispute cannot be settled through negotiation, the parties agree to attempt to settle the dispute by non-binding mediation administered by a neutral mediator agreed to by the parties prior to resorting to litigation.  The parties will cooperate to select a mediator, but if unable to do so will use JAMS for the mediation process and selection from JAMS’ panel of neutrals.  The parties will participate in the mediation in good faith, and will share its mutual costs equally, and the parties’ respective out-of-pocket costs individually.

 

 

  1. LIMITATION OF LIABILITY:
(A)       All disputes, actual or alleged claims and causes of action at law or in equity (“Claim(s)”) will be resolved individually, without resort to any form of class action.
(B)       Notwithstanding anything to the contrary in these Rules, in connection with any Claims, judgments and awards, Entrant waives all rights to attorneys’ fees, punitive, incidental, special, consequential damages, and to any multiplied damages.
(C)       In no event will Entrant be entitled to recover any expenses other than reasonable and actual out-of-pocket expenses.

 

 

  1. MISCELLANEOUS PROVISIONS: 
(A)       In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in the Rules.
(B)       All Claims arising out of or relating to this Sweepstakes, including, without limitation, the interpretation of the Rules or any prize awarded will be resolved by applying the laws of California without regard to conflict of laws, and will be solely and exclusively brought in the state or federal courts situated within Contra Costa County, California.